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Hello,

I want to clarify the time required after the grant of ILR following the six years Discretionary leave.

Will it be one year on ILR and then I will be able to apply for the Naturalisation?

If, my partner already holds British nationality,then still I've to wait for a year after ILR or I can apply for Naturalisation once I get ILR being a spouse of British citizen?
I've Discretionary leave and will get the ILR once,I complete the 6 years.

Rizcon wrote:Hello,

I want to clarify the time required after the grant of ILR following the six years Discretionary leave.

Will it be one year on ILR and then I will be able to apply for the Naturalisation?

If, my partner already holds British nationality,then still I've to wait for a year after ILR or I can apply for Naturalisation once I get ILR being a spouse of British citizen?
I've Discretionary leave and will get the ILR once,I complete the 6 years.

It doesn't matter what route is followed to get ILR.

Once you have ILR you, as spouse of BC, can shoot for privilege of citizenship immediately;
(assuming all other requirements for naturalisation can be/have been met).

It doesn't matter what route is followed to get ILR.

Once you have ILR you, as spouse of BC, can shoot for privilege of citizenship immediately;
(assuming all other requirements for naturalisation can be/have been met).[/quote]


Thank you for your reply.You made my day as I can save one year of my journey towards citizenship.

Thank you.

If you overstayed for over 28 days within 10 years prior to your naturalisation application, then they may refuse.

vinny wrote:If you overstayed for over 28 days within 10 years prior to your naturalisation application, then they may refuse.

Thank you Vinny for pointing out the issue of overstaying for more than 28 days before the approval of DL.
I've very valid and strong reason of my overstay as I was under care of Social Services before the expiry of my Dependant visa and bound to obey their decessions in every matter including applying for any sort of visa and they informed HO well before the expiry of my Dependant visa.

According to Annex B to Chapter 18 regarding the Residence requirements, Section 8.10 states that:

8.10 We should normally exercise discretion to disregard a breach of immigration laws I.e a period of unlawful residence only if there are reasons for the breach which were clearly outside the individual's control,or the breach was genuinely inadvertent and short.Examples would include circumstances where:

* the breach occurred at a time when the applicant was a minor whose parents failed to obtain or renew their leave, or where the applicant was a victim of domestic violence whose abusive partner prevented the renewal of leave.

I feel that me and my son stands a good chance to overcome this issue of overstaying when we were taken by social services.
Looking for your opinion on this issue.
Thanks.

How did the Social Services prevent you from making an in-time application?

vinny wrote:How did the Social Services prevent you from making an in-time application?

It's a long story and difficult to write every thing. So, to cut this long story short,please find below the relevant fact about my case:
I was on Dependant on my husband's work visa and I had some serious problems with my husband which influenced our son.School teachers of my son,some how find out this due to his behaviour and attitude and informed social services. Social services interviewed me and found out every thing and gave me two options, either they will take my son in their care or I've to sort out the issue with my husband and if he is not happy to do that then I've to leave my husband and offered their help in every matter due to the seriousness of the problems in between us and its effects on my son.They called my husband as well and this triggered more problems in our relationship which ended up in myself saying yes to social services to leave my husband.
I left home and they provided me every thing including house to live and promised to take care of every thing including visa issues.When I left home, I had more than 4 months Dependant visa.
Social services got in touch with HO through solicitors about my case well before the visa expiry,but things were not as easy as they initially thought for my visa and also they were finding difficult to fund my visa application/HO issues.
By the time they arranged the funds,I was already an overstayer for few months along with my son.
Finally, I got DL and its the only gap we have in last 11 years in this country.
So, right after the expiry of my visa and getting DL, we have a gap of around 8 months.